Ombudsman suspends local and LBP officials, exonerates former QC officials
13 December 2012
Ombudsman Conchita Carpio Morales suspended for six months the Mayor of Victorias City, Negros Occidental and another official in said city for the irregular issuance of a Business Permit for the operation of a jai-alai betting station in the area.
In a 22-page Decision signed on 21 November 2012, Ombudsman Morales found Mayor Severo Palanca and Ramsy Panes, Executive Assistant II, Office of the City Mayor and OIC-Permits and Licenses Division, guilty of Simple Dishonesty and were meted the penalty of suspension without pay for six months and one day.
One James Francis Anthony Garcia earlier complained that the respondents “conspired, confederated, took advantage of their public positions and helped one another in falsifying a public document denominated as Business Permit, dated 23 June 2010.†He claimed the said officials issued the said permit to Gaudencio Corona as owner/ operator of Dalisay Amusement Games and Recreation Station, which Garcia alleged does not exist.
The Decision stated that the evidence substantially shows that respondents Palanca and Panes issued a Business Permit to one not clearly entitled thereto. It said “[t]hat a Permit was issued showing that Corona was owner/operator and that he may engage in Jai-Alai Betting Station clearly shows that respondents concealed and distorted the truth which shows a disposition to deceive with an intent to violate the truth.â€
Ombudsman Morales also affirmed the Decision to suspend for six months without pay Ramon Saldonido, former OIC- Branch Manager of the Land Bank of the Philippines Lipa City Branch and Francisco Amponin, LBP Branch Manager; to suspend for one year without pay George Molano, Property and Supply Officer and Ma. Raissa de Castro, Accounting Clerk, and to dismiss from the service Dennis Rosal, a contractual employee, for misuse of government funds amounting to P190,580.45 from 01 January 2004 to 31 August 2004.
The Commission on Audit (COA) earlier recommended that the said respondents be administratively charged after it discovered that the Official Receipts (Ors) attached to the Disbursement Orders (Dos) of the bank for the purchase of stationary, office supplies and other hardware products were altered because items not actually purchased were added to increase the reimbursable amount.
The respondents filed a Motion for Reconsideration of the said Decision. However,in a seven-page Order signed on 22 November 2012, the Ombudsman denied the same for lack of merit. “ xxx the instant motions must fail for the respondent-movants have utterly failed to raise a compellingly persuasive argument in their Motions for Reconsideration which would justify a reconsideration of the challenged Decisionâ€, the Order stated.
The Order, however, set aside its Decision with regard to former LBP Branch Manager Ma. Loida Macatangay, who was earlier meter the penalty of six months suspension without pay, in view of her Manifestation that she was separated from the government service since 01 May 2004, and thus “no longer a public officer†when the case was filed on 10 October 2005.
On the other hand, Ombudsman Morales dismissed for insufficiency of evidence the criminal and administrative cases filed against Quezon City Mayor Feliciano Belmonte; Tadeo Palma, Secretary to the Mayor; Marlowe Jacutin, Head Task Force COPRISS (Control and Prevention of Illegal Structures and Squatting); Roberto dela Cruz, Police Inspector; Police Officers Rolando Nabor,Elmer Nepomuceno, and Christopher Gatan; University of Manila (UM) President Emily Dodson de Leon; Brgy. Culiat Chairman Jaime Garcia; and private security guards Elmer Miken. Francisco Cuevas and Nacer Mama Karim.
Belmonte and the other respondents were charged with Violation of Sec. 3(e) of Republic Act 3019 (Anti-Graft and Corrupt Practices Act) and Grave Misconduct for the demolition of complainants’ houses in November 2009.
In a seven-page Joint Resolution signed on 21 Nov. 2012, Ombudsman Morales gave weight to respondents’ position that the demolition was carried out after a Writ of Execution was issued by the Quezon City Regional Trial Court. The respondents also argued that “the lot where complainants’ houses stood had already been turned-over to the registered owner of the landâ€. They said UM, as owner of the land, is also the owner of the improvements of the same and thus have the right to construct as well as demolish any works on the land.
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